16.09.2005

Companies fined for boom accident

Three companies have been ordered to pay more than £15,000 in fines and costs at Bradford Magistrates' Court. following an accident in which a worker fell 12 metres to the ground and sustained serious permanent injuries, while another managed to escape by clinging on to scaffolding..

David Gardener, 41, and his colleague Tony Nixon were catapulted from a boom lift when one of its wheels dropped into a hole that was covered up with a temporary board.

Gardener, who lives in Leeds, suffered a fractured skull, sternum and wrists, in the accident on July 20 last year. He also damaged part of his vertebrae, chipped his teeth and bit off part of his tongue

Nixon, also from Leeds, managed to grab hold of some scaffold as he fell and escaped any serious injuries. Neither of the men was wearing a harness, which would have saved them and neither of them checked the ground conditions before starting work. According to the local reports neither had received any formal training in the safe use of aerial work platforms.

The accident occurred at the Farmers Boy factory in Cemetery Road, Bradford, the site is owned by Morrison’s which had appointed Laing O’Rourke Northern Ltd as the main contractor for construction work.

Directors of Pitts Electrical, of Bradford; TGL UK, of Leeds; and Chubb Fire, of Middlesex, all pleaded guilty to failing to ensure the safety of employees.

Justine Lee, an inspector with the Health and Safety Executive, who prosecuted, said: "The companies failed to carry out a risk assessment and had failed to plan the job properly.

"Neither of the men had the correct training to enable them to operate the cherry picker and the companies had failed to ask them if they had.

"Work at height needs to be properly planned, adequately supervised and carried out in a safe manner. This case sends the message to other companies that all work at height should follow these guidelines to avoid prosecution."

Contractors Laing O'Rourke Northern Ltd had sub-contracted parts of the work to the three companies. William Morrison’s and Laing O'Rourke Northern Ltd were not prosecuted.

District Judge John Sawyer fined TGL UK £5,000, Chubb Fire Ltd £3,500 and Pitt Electrical Ltd £3,500. Each was ordered to pay £1,204 in costs.
In a written submission Judge Sawyer said:
"By their pleas the defendants accept a failure of duty to care.

"This was an entirely avoidable accident that thankfully resulted in injuries far less serious than might have been otherwise. The accident was allowed to happen by a failure of duty to care."